A victory for residents

A victory for residents

The Supreme Administrative Court's order on Tuesday for the demolition of the luxury 24-storey Aetas Hotel on Soi Ruam Rudi constitutes a sweet victory for a group of 24 long-time residents of this wealthy neighbourhood after six years of legal battles.

The ruling is also a triumph of the rule of law and for people in general who have long been subjected to unfair treatment by rogue or corrupt officials working hand-in-glove with greedy businessmen to flout the law and take advantage of a mostly indifferent public.

The Supreme Administrative Court found former Bangkok governor Apirak Kosayothin and former Pathumwan district chief Surakiat Limcharoen guilty of negligence of duty in allowing the high-rise hotel to be built despite the fact that Soi Ruam Rudi is less than 10 metres wide throughout its entire length. Building rules stipulate that a building higher than 23m or more than eight storeys cannot be built on a lane which is less than 10m in width.

The court ordered the city administration and the Pathumwan district office to demolish the Aetas Hotel within 60 days. Both have yet to decide what action they will take. But the incumbent Pathumwan district chief reportedly said the hotel management could appeal against the demolition order to buy time or to sue both the city administration and Pathumwan district office to seek compensation for issuing them with the permit for the hotel's construction.

The actual demolition of a building of this size is easier said than done if the hotel is reluctant to start the process itself and lets the city administration or the local district office take the initiative instead. A case in point is the Bang Lamphu shopping centre which was ordered by the court to be torn down many years ago because the centre was extended several storeys higher without permission. To this day, the demolition has not started. The city administration has been reluctant to carry out the demolition work for fear it may be sued by the shopping centre for causing damage to its property. Today, Bang Lamphu's empty shell stands as an eyesore in the busy commercial district.

In the Aetas Hotel case, it is not clear whether its management will sue the city administration and the Pathumwan district office or seek compensation.

But the court's ruling should serve as a lesson for the property developers for not heeding the Ruam Rudi residents' contention that the high-rise hotel cannot be built because the soi is too narrow. Instead, they went ahead with construction in the false hope the permit they received would shield them against lawsuits. They were proven to be wrong and now have to pay dearly.

In this particular case, both the former Bangkok governor and former Pathumwan district chief should be held accountable for negligence of duty. It is unimaginable how the construction permit could have been granted for the hotel as all the buildings in the neighbourhood are much lower in height.

The Supreme Administrative Court's ruling in this particular case is yet another example that the court can be relied upon as a last resort for people fighting for justice against big money. Another prominent example is the Phitsanulok Administrative Court's order in May revoking the mining licence of Akara mining company in Phichit province.

Unscrupulous businessmen appear to be obsessed with the unlimited power of their money. It is reassuring to know that there is an institution which stands in their way.

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